society
Wrongs that law alone cannot put right

Another bill to save women has started doing the rounds in the parliament.
Is it aimed at scoring political points or will it actually benefit women ?
By Muddassir Rizvi

In her late teens, Nazish, a victim of gang and custodial rape, is a testimony to the fact that laws do not matter when it comes to their enforcement. More than two years after being raped and violated, the ordeal of this young woman from Sialkot is far from being over. But she remains committed to making her violators face the law. Her family, too, stands by her side.

art review

A political comment

Jamal Shah's recent work is a means to decipher the current conditions and address the pertinent problems, not in the manner of a reformer, but in the tone of an artist
By Quddus Mirza

A man walking down the street continuously talking into a small gadget glued to one of his ears may have appeared odd a decade ago. Now it's a common sight in cities and even in villages. People argue, persuade, flatter, flirt and have all sorts of intense and intimate conversations while moving among complete strangers.

Conversing in music
Annemarie Shimmel Haus fills up the vacuum left after the closure of Goethe Institut by providing a favourable setting for a dialogue between two cultures.
By Sarwat Ali
Two concerts were held in Lahore in which the Annemarie Schimmel Haus was involved. Piano recital by Beatrix Kline followed by Dialogue Through Music were both part of the initiative to broaden the base of the relationship between the European countries and Pakistan.

No more Mr Nice Guy
Dear all,
I suppose it's not terribly up-to-date to write about Hugh Grant, but never mind, write I shall. The crinkly-eyed, aging-but-still-cute actor has been in the news here for two reasons.
The first is of course because his new film Music and Lyrics has just been released and he's been attending glitzy premieres and events promoting the new release. The second is because, according to the London newspapers, he and Jemima Khan have split up.

 

In her late teens, Nazish, a victim of gang and custodial rape, is a testimony to the fact that laws do not matter when it comes to their enforcement. More than two years after being raped and violated, the ordeal of this young woman from Sialkot is far from being over. But she remains committed to making her violators face the law. Her family, too, stands by her side.

Nazish and her parents may have to go through a torturous rigmarole for years as they crisscross their way through the complicated judicial maze. #But the destination still remains blur for them. They already feel exasperated in their attempt to seek justice. Their case doesn't appear to be too convincing to merit justice, or not just yet. The judicial lethargy and systemic barriers may just break Nazish's will to see the powerful violators penalised.

She now looks with hope towards the Federal Shariat Court where she has appealed against the verdict of the Sialkot sessions court which acquitted her alleged rapists despite 'incriminating evidence'.

"It's only on February 21, 2007 that the Shariat Court has admitted my appeal for hearing," Nazish says as she holds her veil covering her face. "I don't know how long will it take for the system to give me justice."

Nazish's story, which has recently hit the eyes of big media in the country, is, however, not unique. Many similar stories are ignored, while others are never told for fear of social stigma and public perceptions that they were caused by the woman themselves, accusing them of of having inflicted upon themselves a heinous an act as rape.

Nazish is one of the lucky ones to have been able to at least compel the police to register the case. Many women victims of crimes do not make it through the first post -- getting an FIR registered -- even in cases not as grave as rape.

Aisha Hussain, who works with Pattan Development Organization, was beaten, thrashed and abused by a Deputy Superintendent of Police in Shujabad in December last year. She went to the police station to report the case, but was refused. She had to move the sessions court in Multan only to have an FIR lodged against the DSP and his staff.

"I was beaten and abused by the DSP and his subordinates on the roadside only because I questioned their authority to impose physical punishment on truck drivers. I and our organisation's driver were thrashed and humiliated, but police were not ready to register a case despite the medico-legal examination that clearly established torture," Aisha Hussain tells The News on Sunday.

Despite tremendous pressure from police and society to back out, she is determined to pursue the case. She has to go to the court hearing every second week, but the court has not yet summoned the accused DSP. "But I am not going to give up," she firmly says.

It is against this backdrop that the government's efforts at legal reforms to raise the status of women and protect their rights must be seen. The reforms effort, although appreciable, appears to be counterproductive when enforcement mechanisms are weak, corrupt and rotten to the core.

"Good laws can adorn the shelves but can hardly make a difference in the lives of people who they seek to protect in the absence of supporting mechanisms for their enforcement and societal and institutional understanding of their importance," said an official who requests not to be named.

The latest legal move by the government, read ruling party chief Chaudhry Shujaat Hussain, in the shape of Prevention of Anti-Women Practices (Criminal Law Amendment) Bill 2006, therefore, appears more of a public relations effort than a sincere attempt to protect women. Though tabled by the Pakistan Muslim League president as a private member's bill, the draft law is being pedalled as a cherry on top of the series of government efforts since 1999 to 'empower' women, being credited to nobody but President Pervez Musharraf.

The bill seeks to abolish practices like women's marriage with Quran, a practice specific to Sindh, refusal to give women their share in inheritance, women trafficking, Vinni and Sawara etc by amending the Pakistan Penal Code 1860 and the Code of Criminal Procedure 1898. Whether or not the bill will be able to banish these deep-entrenched decadent social practices, it, if passed, can certainly come handy in marketing the 'progressive credentials' of its otherwise conservative prime mover, who credits his mentor as being the major motivation for him to present the bill.

Though the bill may take months before it goes through the scrutiny of the select committee that has yet to be constituted for the purpose and is presented in the house for voting, the PML can certainly use the interregnum to present it as an evidence of its ideological shift. To many, PML's pro-women measures are aimed at wooing the ideological voters who would otherwise vote for Pakistan People's Party, if they vote at all. Whether the theory has substance will be seen in the election that, if all goes well, will be held this year or early next year.

In fact, Pakistan People's Party, which is apparently fine with the contents of the bill, has only one objection to make. Why the draft law was tabled as a private member's bill? is how its legislator Khursheed Shah responded in the National Assembly the day it was presented. To him, it was a reflection of the government's insincerity towards the cause of the women. His was a clear effort at attacking the PML's attempts to present itself as a 'progressive' party.

Nevertheless, this move by Chaudhry Shujaat is politically shrewd, as it will leave no escape for the PPP, once again finding itself trapped to vote for it.

The mullahs in the Muttahida Majlis-e-Amal may also find it hard to resist, provided they decided to keep sitting in the assemblies, because the bill is essentially based on their ideas which they had tried to push through when the government was negotiating with them the contents of the Women Protection Act.

The way the bill has been moved also concerns Anees Jillani, who is Supreme Court advocate and ardent child rights activists. "There are hardly a few private member's bills that the parliament has approved over the past fifty years," he says.

But he acknowledges the importance of legislation as a first step in setting things right. According to him, legislation sets standards that a society should follow even when enforcement mechanisms are weak and arbitrary. "We cannot deny the importance of legal change."

But he also believes that legal reforms alone do not translate into a meaningful change for the people. "It is always a combination of factors. But in the case of women, an attitudinal change is a prerequisite -- which may take a long time to come -- before the society and its institutions start taking women seriously," he says.

While there is no disagreeing with the fact that such legislation as the bill proposed by Chaudhry Shujaat is strongly needed, there is also need to see whether new laws are necessary to curb the existing problems or the existing ones will suffice if the enforcement mechanism are responsive and effective. An instance that can be quoted here is the law that is already in place to stop child marriages, which can be used in the cases of Vinni that the draft bill seeks to abolish. But lawyers say that better and focused laws are always needed as law-making is a dynamic process.

However, this dynamism can be converted into gains for people if the government makes some investments in reforming and revamping the enforcement systems. While police certainly needs a major overhaul as it continues to be a rotten cesspool despite the 2002 reforms effort, the judiciary needs some attention as well. This institution is evidently marred by corruption, inefficiency and lethargy. The money that government is getting in loans from the Asian Development Bank for judicial reforms and revamping is being utilised more on cosmetic measures than bringing about a qualitative change in the delivery of justice in the country.

 

Excerpts from the text of the bill

• Punishment for giving a female in marriage or otherwise in badal-e-sulh, vinni or sawara: Whoever gives a female in marriage or otherwise compels her to enter into marriage as badal-e-sulh, vinni or sawara or any other custom or practice under any name, in consideration of settling a civil dispute or a criminal liability, shall be punished with imprisonment of either description for a term which may extend to 3 years and shall also be liable to fine.

• Prohibition of depriving women from inheriting property: Whoever, deceitfully or by illegal means, deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for a term which may extend to seven years, or with fine, or with both.

• Prohibition of forced marriages: Whoever coerces or in any manner whatsoever compels a woman to enter into marriage shall be punished with an imprisonment of either description for a term which may extend to 3 years and shall also be liable to fine.

• Prohibition of marriage with the Holy Quran: (i) Whoever compels or arranges or facilitates the marriage of a woman with the Holy Quran shall be punished with imprisonment of either description which may extend to 3 years and shall also be liable to fine. (ii) Notwithstanding anything contained in sub-section (i) oath by a woman on the Holy Quran to remain a spinster or not to marry for the rest of her life or not to claim her share of inheritance shall be deemed marriage with the Holy Quran.

• Dissolution of marriage in absence of husband undergoing procedure of lian, etc: Notwithstanding anything in section 14 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VII of 1979), and in addition to the Dissolution of Muslim Marriages Act, 1939 (VII of 1939), where a husband having knowledge of a complaint or report of his wife to the court for qazf fails to undergo the procedure of lian specified in the aforesaid section by his absence or otherwise, it shall be a valid ground for the wife to seek dissolution of her marriage through the competent court and the husband shall also be punished for qazf.

• Provincial government not to interfere in sentences of rape: Notwithstanding anything contained in section 401, section 402 or section 402B the provincial government shall not suspend, remit or commute any sentence passed under section 376 of the Pakistan Penal Code.

 

Jamal Shah's recent work is a means to decipher the current conditions and address the pertinent problems, not in the manner of a reformer, but in the tone of an artist

By Quddus Mirza

A man walking down the street continuously talking into a small gadget glued to one of his ears may have appeared odd a decade ago. Now it's a common sight in cities and even in villages. People argue, persuade, flatter, flirt and have all sorts of intense and intimate conversations while moving among complete strangers.

So why do we tend to forget the world around us when we have a mobile in our hands? Perhaps because everyone, whenever he receives a phone call or makes one, starts imagining a construct around him/her. Based on the assumption that inside that space he/she cannot be seen, the user of cellular phone is likely to express his most private emotions while conversing.

It's not only when we use a mobile that we create this imaginary space around us. In fact there are a number of other imaginary areas/entities around us -- borne out of norms, beliefs and customs -- that stop us from stepping into 'prohibited areas'. These have become so much a part of our system that we live in these invisible but strong structures, often without even being aware of their presence.

Jamal Shah's work refers to these hidden but unavoidable boundaries, particularly when an oppressive regime imposes its political ideology on the citizens. People are unable to move freely, since many forms of law, beliefs, morals, conventions and traditions are used to restrict them. He has been making the shape of cage to suggest the presence of these restrictions for many years now. In his paintings and relief sculptures, a large scale cage covers human beings and beasts as well as the landscape around these creatures. Thick bars of cage envelop and control reality.

In comparison to his earlier works, the form of cage is becoming less obvious in his recent paintings displayed at his solo exhibition at Royaat Gallery. In these (a total of 14 canvases) the lines of cage are not as dominant or fully drawn. Instead, there are a few strokes that remind us about the presence of cage on the dark surfaces crowded with people, animals, plants, clouds and mountains.

The slow disappearance of cage in the recent works of Jamal Shah may have been a formal progress in his art, but this also signifies the change in our social and political scenario. In contrast to the earlier times, when the state oppression was an obvious fact, the present day technocrat governments manoeuvre in multiple manners. The individual is still entangled in the web weaved around him, but this web is so finely crafted and camouflaged that one is not aware of its existence. The new work of Jamal Shah reminds of this perpetual play around us. In these paintings images of army, other human beings and beasts of different kinds are exposed in an atmosphere, which appears real and fantastic simultaneously.

A recurrent image in Jamal's new work is the figure of a man in uniform. He is rendered as single person, in a group, saluting and riding on a toy horse. The toy horse, in these paintings is drawn from the clay figurines found at the ancient sites of Harrapa and Mohenjo-daro. Interestingly, the terra cotta toys are not much distinct from the prehistoric pieces that belonged to Indus Valley Civilization. Jamal Shah paints the old toys with modern day army figures, in order to describe the perpetual power of the oppressive class that has a continuation in history (or is a reaffirmation of the lasting nature of art over the transitory power of a system/state!).

In some paintings a rider is sitting on the toy horse with his hand tied behind his back, or a toy tiger is pressing a defenceless naked figure. In other works, a naked man is portrayed as if tormented or a nude woman is treated as an object of desire by the figures dressed in formal attires. Some paintings show the animals and human beings composed in an identical posture, indicating the base side of mankind.

All these images, which echo Kafkaesque situations, are rendered with a sense of urgency and energy. The artist's facility with his medium and material is visible in these canvases. Flow of brush, multiple layers of paint and sensitive lines denote a world that is painterly, personal and painful at the same time. The ease and fluency in depicting figures and forms is complemented with the complexity of visuals, which reveal a narrative that keeps unfolding its meaning -- thus continuing to fascinate the viewer.

The new paintings of Jamal Shah reaffirm that even though we are entering into a world of glamorous globalisation but certain facts of life are not altered in our context. On the contrary the division of 'oppressed' and 'oppressor' have become more pronounced, even though it is now in different disguises. Aiming to portray this, Jamal Shah presents a world that is populated by archetypes, which reflect the elementary drives in human beings. These basic elements seem to be the real subject of Jamal Shah's work. Because, although the figures have modern day uniforms, the way of drawing their features is close to primitive art, which transforms them into characters that are beyond time.

With its subtle and skilful scheme of fabricating visual components, the work of Jamal Shah reminds of an aspect of our art and culture that is often neglected. He reasserts the role of an artist who serves as the consciousness of a society. In a way, his work is a means to decipher the current conditions and address the pertinent problems, not in the manner of a reformer, but in the tone of an artist; who does not offer a solution, yet comments on the system in a critical voice.

Hence the socio-political issues are not dealt in a direct manner in his work, but are handled in a creative way. A quality that ensures that art of Jamal Shah and of others like him, will be enjoyed -- and remain relevant even after the present situation changes.

(The solo show of Jamal Shah is being held from March 1-15 2007 at Royaat Gallery in Lahore).

 

Conversing in music
Annemarie Shimmel Haus fills up the vacuum left after the closure of Goethe Institut by providing a favourable setting for a dialogue between two cultures.

By Sarwat Ali

Two concerts were held in Lahore in which the Annemarie Schimmel Haus was involved. Piano recital by Beatrix Kline followed by Dialogue Through Music were both part of the initiative to broaden the base of the relationship between the European countries and Pakistan.

Beatrix Kline born in Germany went to Cologne Music Conservatory and later to the National Academy of Santa Ceclia at Rome. She has worked with David Garret and Erik Sch Elschenroich. In the concert she played pieces from Scarlatti, Hayden, Liszt and Stawinsky.

In Dialogue through Music one was reminded of a similar concert about two years ago. According to the organisers, the feedback from Lahore, Karachi and Islamabad encouraged them to continue treading this path for artistic exchange. The four musicians who took part in the programme were Nyugcn Lc from France, Steve Argulles from United Kingdom, Dieter Iig from Germany and Irfan Hyder from Pakistan.

Nyugcn Lc is a self taught musician with wide range of interests rock, funk, jazz as well as traditional Algerian, Indian and Vietnamese styles. Drummer and producer Steve Argulles from the United Kingdom has been making music since the age of sixteen, experimenting in various styles on the basis of the beat and the perfect tone. Dieter Iig from Germany has been very sensitive to the quality of bass. Irfan Hyder from Pakistan is a tabla player who has developed sensitivity to the rhythmic cycles of the tabla.

In this latest concert the British Council along with Annemarie Haus, Alliance Francaise, Goethe Institut was also involved.

In the past Goethe Institut in Lahore was an exclusive precinct since it only focused on introducing German culture in Pakistan but the moment the focus shifted to a dialogue between the two cultures, exchange of ideas and a place for interaction, it sprang to life. It became an extremely active rendezvous for the intellectuals and artists of Lahore. Plays were staged, concerts held and many a discussion programme was organised. In the 1980s and 1990s the place to go to in Lahore was the Goethe Institut. It also was instrumental in the visits to Pakistan of many scholars and arranging of seminars on a wide range of topics. The parallel theatre of Lahore would not have flourished the way it did without Goethe Institut.

Annemarie Shimmel Haus has now moved into the slot created by the closing down of a full fledged Goethe Institut. Despite great German interest in the East it is clear that there are many areas of ignorance between the two societies which result in unfounded prejudice and indifference. The new situation perhaps requires a dialogue on a totally different basis, and the worst that can happen is the discontinuation of the dialogue. Annemarie Schimmel Haus does provide a favourable setting and conditions for the dialogue to continue.

This Dialogue through Music has been happening at other levels and this tendency has been labelled as World Music. The media and the technology have made the intermixing and interchange inevitable. Its suddenness seems to have outpaced the various developments of styles and individual musical systems. The change had also been taking place in the individual musical system in the past but then earlier the process took time to mature. This phenomenon is now much more instant and has happened with the abruptness of switching on and off. Obviously when musicians are thrown together they create music but most of this activity has developed on parallel lines.

Piano is not a very old instrument for in the eighteenth century music was created by action of hammers on strings. The most important feature of the instrument was the way in which gradations of force in the fingering could produce contrast between soft and loud production of notes.

In Germany the idea was taken up by the organ builder Gottfried and Silbermann and demonstrated to Bach who was not impressed, nor was Voltaire who declared the pianoforte an ironmonger's invention compared with the harpsichord. The earliest instruments were for some time referred to as fortepiano and the name is frequently used today to distinguish the type known to Mozart and Beethoven before the development of the more powerful models whose metal frames could stand up to the repeated hammering against the strings.

Most keyboard instruments had traditionally been made with horizontal strings as with square piano or the grand piano. Upright piano fortes were introduced by John Hawkins of Philadelphia around 1800. Cristofori's major pioneering device had been an escapement action for releasing the hammers swiftly after they had struck the strings. This was later improved to prevent the hammer bouncing back and hitting the string again.

Early in the nineteenth century the French manufacturer Erard invented a double escapement which, by checking the hammer before it fell all the way back, made faster playing possible. To produce an agreeable tone hammers were provided with padding. Over the years there was first a leather covering, then cloth over leather, leather over felt and then the all felt hammers.

 

No more Mr Nice Guy

Dear all,

I suppose it's not terribly up-to-date to write about Hugh Grant, but never mind, write I shall. The crinkly-eyed, aging-but-still-cute actor has been in the news here for two reasons.

The first is of course because his new film Music and Lyrics has just been released and he's been attending glitzy premieres and events promoting the new release. The second is because, according to the London newspapers, he and Jemima Khan have split up.

I cannot, of course, claim to have confirmed this bit of news with either of these two glamorous people, so as far as we know it might just be vicious gossip, but the funny thing is the way it's been covered. The Sunday Times, for example, adopts the tone that the foppish and irresistible to women Grant is single again, and men everywhere will breathe a sigh of relief once he gets into a relationship again! It describes Jemima Khan as the creme de la creme of British womanhood (i.e. rich, thin, nubile and very jet set) and expresses astonishment at Grant's behaviour. Grant was asked some time ago in a live interview whether he planned to marry our former Bhabi and he replied emphatically in the negative, berating the news presenter with "I thought this was a classy channel!"

Whatever the truth of the matter is I'm sure this will not deter the tabloids (or the others) from photographing these two handsome people in the months to come. They have, after all provided much material for the pages of Ok, Hello, Daily Mail,Tattler etc.for three years now.

Well, that's the gossip, so now on to the film. Music and Lyrics was not earth shattering, but it was fairly entertaining. And if you are in your forties (as am I), you'll enjoy the eighties music video, horrid hairdos, pop references, cheesy music etc. It's all quite fun, but in an understated cutesy Hugh Grant kind of way. The only thing that is missing from the film is the sexual chemistry. Drew Barrymore is also cute, but there is no on-screen chemistry between these two. You don't feel any of the tension or sparks of longing or currents of desire that were so palpable and evident between Grant and Julia Roberts in Notting Hill, or between Audrey Hepburn and Gary Cooper in that fifties vintage romance Love in the Afternoon.

Anyhow, the film is entertaining but in a TV movie/sitcom sort of way. I personally think some of Grant's best roles are the ones in which he plays the total cad. He was a delightfully evil Daniel Cleaver in the Bridget Jones movies and I think his performance in American Dreamz is outstanding. In that film he plays the self-centred, amoral and just plain nasty host of an American talent hunt TV show. He is so bad, he is more than good -- he's brilliant!

But no matter how bad he is (as in the real life Divine episode when he was arrested for getting illegal attentions from an LA hooker while in his car), Grant always seems to bounce back. But thank goodness now it's not in the foppish liquid eyed puppy dog roles.

I guess, for Hugh Grant, it finally is 'No more Mr Nice Guy'.

 

Best Wishes

Umber Khairi

 

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